HON’BLE SRI JUSTICE K. LAKSHMAN W.P. No.22779 OF 2024

ORDER

Heard Mr. K.Raghava Charyulu, learned counsel for the petitioner, Mr. Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos.2 to 4 and Mr. D.Prakash Reddy, learned Senior counsel representing M/s R.S. Associates, learned counsel for respondent No.5 and Sri V.Narasimha Goud, learned Standing Counsel appearing for 6^th respondent i.e. Hyderabad Metropolitan Development Authority.

2. This writ petition is filed to direct the respondents to act upon the vigilance report vide No.11 (C.No.400/V&E/D1/2024) dated 18.06.2024 which was submitted to the 2^nd respondent - Commissioner, Greater Hyderabad Municipal Corporation(GHMC) pursuant to the complaint given by the petitioner society dated 27.03.2024, for a consequential direction to respondents to demolish all illegal constructions carried out in Plot No.1, Sy.Nos.3/2, 4/7, 6,7/P and 403/10S and 120 New, Nandagiri Hills, Hyderabad.

3.This Court heard the matter and reserved for judgment on

06.11.2024. Learned counsel for the petitioner has filed a copy of order dated 23/24.01.2025 of 2^nd respondent. Therefore, the mater was reopened suo-moto to hear the parties and listed on 03.02.2025. It was further listed on 04.02.2025, on which date, the matter was heard and reserved again. It is posted today for pronouncement of judgment. Today it is brought to the notice of this Court by Sri K.Raghavacharyulu, learned counsel for the petitioner and Sri D.Prakash Reddy, learned Senior Counsel appearing for 5^th respondent, with regard to appeal filed by 5^th respondent vide M.A.No.17 of 2025, common order dated 04.07.2025 in I.A.No.196 and 195 of 2025 in M.A.No.17 of 2025 of the Chief Judge, City Small Causes Court, and that 5^th respondent filed CRP No.2306 of 2025. Challenging the said order, they have also brought to the notice of this Court with regard to order dated 11.07.2025 and furnished copies of the said orders. The same are also referred and considered in the present order.

4. The lis involved in the present writ petition has a checkered history.

5. The undisputed facts are that Respondent No.6 has conducted auction of plots to an extent of Ac.4.695 guntas situated at Shaikpet, Jubilee Hills, Hyderabad. In the e-tender notification the description of property is mentioned as follows:

i) HMDA has developed a lay out by the name of Nandagiri Hills, at Shaikpet, the site is located in the midst of posh Jubilee Hills area and is about 1 K.M., away from Jubilee Hills Check Post and about 5 to 6 kms, from Punjagutta Cross Roads. It is an elevated place with good panoramic view of the city including Durgam Cheruvu, Hi-Tech City and near to the K.B.R. Park where HMDA has developed 5 K.Ms, length of walkers pathway with good garden around the Chiran Palace, Apollo Hospital, Bharatiya Vidya Bhavan at Jubilee Hills. All the developed plots have been disposed and now only (1) one plot to an extent of 4.695 acres is proposed to be disposed.

ii) 5^th respondent participated in the said e-auction and stood as successful bidder. On receipt of total sale consideration of Rs.85,70,14,000/- the 6^th respondent has executed a registered sale deed bearing document No.4737 of 2012 in favour of 5^th respondent company. In the schedule of the said sale deed details of the said property are mentioned as follows:-

iii) Schedule -1: Plot No.1, Nandagiri Hills, in T.S.No.3/P, 4/P,5/P, 6/P and 7/P, Block-D, Ward No.9 (New Ward No.8, Block-2), (old Sy.No.403/P), Shaikpet Village and Mandal, Hyderabad, admeasuring 4.748 acres or 19213.63 sq.meters and is bounded by North: Plots of Jubilee Hills Co-operative House Building Society, South: 50’0” wide Nandagiri Hills Road, East: Plots of Jubilee Hills Cooperative House Building Society and A.P.Women’s Co-operative Finance Corporation and West: Plots of Nandagiri Hills House Building Society (Part), GHMC Park and 50’ wide approach road.

iv) The State Level Environment Impact Assessment Authority (SEIAA) vide